Guardianship cases are some of the most serious matters handled by the Probate Court.
These cases may involve seniors, adults with disabilities, or others who may need assistance making decisions or managing their affairs. The court must take these matters seriously because guardianship can affect a person's rights, independence, safety, finances, medical decisions, and dignity.
A judge should not assume, rush, or rubber-stamp. The court must listen carefully, follow the law, review the facts, and consider the person whose rights may be affected.
Families involved in guardianship matters are often under stress. They may be worried about a parent, spouse, child, sibling, or other loved one. They may be trying to do the right thing while navigating an unfamiliar legal process.
That is why preparation and temperament matter. The court should be respectful. It should be clear about expectations. It should recognize the seriousness of the responsibility placed on guardians and the importance of the rights of the person subject to the proceeding.
Robert Franco believes guardianship matters require patience, careful review, and respect for the dignity of every person involved.
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